The bill would amend the Revised School Code
to delete language that exempts a school employee from criminal action or civil
damages as a result of an act or omission in the administration of an opioid
antagonist under certain circumstances.

The bill is tie-barred to House Bill 4367 and
Senate Bill 200, and would take effect 90 days after its enactment. (House Bill
4367 would create the "Administration of Opioid Antagonists Act" to
allow, among other things, an agency employee or agent to administer an opioid
antagonist to an individual under certain circumstances. Senate Bill 200 would
allow a prescriber to issue a prescription for, and allow a dispensing
prescriber or pharmacist to dispense an opioid antagonist to an agency
authorized under the proposed Administration of Opioid Antagonists Act.)

Under the Code, a school administrator,
teacher, or other school employee designated by the school administrator, who
in good faith administers medication to a pupil in the presence of another
adult or in an emergency that threatens the life or health of the pupil,
pursuant to written permission of the pupil's parent or guardian, and in
compliance with the instructions of a physician, physician's assistant, or
certified nurse practitioner, or a school employee who in good faith
administers an epinephrine auto-injector to an individual consistent with the
policies under Section 1179a, or in good faith administers an opioid antagonist
to an individual consistent with the policies under section 1179b, is not
liable in a criminal action or for civil damages as a result of an act or
omission in the administration of the medication, epinephrine auto-injector, or
opioid antagonist except for an act or omission amounting to gross negligence
or willful and wanton misconduct.

Also, the above provision applies to a school
employee regardless of whether the medication, auto-injector, or opioid
antagonist is administered in the presence of another adult, if the employee is
a licensed registered professional nurse.

The bill would delete the provisions
pertaining to the administration of an opioid antagonist.

The bill would delete the definitions of
"opioid antagonist" and "opioid-related overdose".

The bill also would repeal Section 1179b of
the Revised School Code, which allows a school board to require, in each school
it operates, that there are at least two employees who have been trained in the
appropriate use and administration of an opioid antagonist.

MCL 380.5 & 380.1178 Legislative
Analyst: Tyler VanHuyse

FISCAL IMPACT

The bill would have no fiscal impact on State
or local government.

Fiscal
Analyst: Cory Savino

This analysis was prepared by nonpartisan
Senate staff for use by the Senate in its deliberations and does not constitute
an official statement of legislative intent.